Texas 2009 - 81st Regular

Texas House Bill HB1362 Compare Versions

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1	1	H.B. No. 1362
2	2
3	3
4	4	AN ACT
5	5	relating to the pilot program for reporting of
6	6	methicillin-resistant Staphylococcus aureus infections.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 81.0445, Health and Safety Code, is
9	9	amended to read as follows:
10	10	Sec. 81.0445. MRSA REPORTING PROCEDURES PILOT PROGRAM. (a)
11	11	The executive commissioner of the Health and Human Services
12	12	Commission by rule shall develop and the department shall establish
13	13	a pilot program to research and implement procedures for reporting
14	14	cases of methicillin-resistant Staphylococcus aureus (MRSA)
15	15	infection. A health authority shall not be required to participate
16	16	in the pilot program.
17	17	(b) A health authority that participates in the pilot
18	18	program shall administer the program locally and report to the
19	19	department as required by this section. [The department shall
20	20	select to administer the program a health authority that:
21	21	[(1) demonstrates an interest in hosting the program;
22	22	and
23	23	[(2) possesses adequate resources to administer the
24	24	program successfully.]
25	25	(c) The pilot program must:
26	26	(1) require all clinical laboratories, including
27	27	hospital laboratories and clinical reference laboratories, within
28	28	the area served by each [the] health authority participating in the
29	29	pilot program to report all positive cases of methicillin-resistant
30	30	Staphylococcus aureus infection, including infections contracted
31	31	in a community setting, a health care facility, and any other
32	32	setting, to the applicable health authority using automated and
33	33	secure electronic data transmission [pilot program administrator];
34	34	(2) track the prevalence of methicillin-resistant
35	35	Staphylococcus aureus infections;
36	36	(3) evaluate [study] the cost and feasibility of
37	37	expanding the list of reportable diseases established under this
38	38	chapter to include methicillin-resistant Staphylococcus aureus
39	39	infections;
40	40	(4) develop a methodology for the electronic transfer
41	41	[exchange] of information regarding [the occurrence of]
42	42	methicillin-resistant Staphylococcus aureus infections within the
43	43	area served by each [the] health authority participating in the
44	44	pilot program;
45	45	(5) collect data and analyze findings regarding the
46	46	prevalence [sources and possible prevention] of
47	47	methicillin-resistant Staphylococcus aureus infections;
48	48	(6) provide for the reporting to the public by the
49	49	department of information regarding methicillin-resistant
50	50	Staphylococcus aureus infections;
51	51	(7) compile and make available to the public a summary
52	52	report[, by location, of the infections reported]; and
53	53	(8) make recommendations to the department regarding
54	54	Subdivisions (1) through (7).
55	55	(d) Not later than September 1, 2011 [2009], the department,
56	56	in consultation with each [the] health authority participating in
57	57	[administering] the pilot program, shall submit to the legislature
58	58	a report concerning the effectiveness of the pilot program [in
59	59	tracking and reducing the number of methicillin-resistant
60	60	Staphylococcus aureus infections within the area served by the
61	61	health authority].
62	62	(d-1) A health care facility located in an area served by a
63	63	health authority participating in the pilot program is not required
64	64	to report an incident of methicillin-resistant Staphylococcus
65	65	aureus infection to the Department of State Health Services under
66	66	Section 98.103, as added by Chapter 359 (S.B. 288), Acts of the 80th
67	67	Legislature, Regular Session, 2007. The health authority shall
68	68	report each incident subject to Section 98.103 to the Department of
69	69	State Health Services.
70	70	(e) This section expires, and the pilot program is
71	71	abolished, September 1, 2011 [2009].
72	72	SECTION 2. Section 98.103, Health and Safety Code, as added
73	73	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
74	74	Session, 2007, is amended by adding Subsection (e) to read as
75	75	follows:
76	76	(e) Effective September 1, 2009, this section does not apply
77	77	to the reporting of methicillin-resistant Staphylococcus aureus
78	78	infections by a health care facility located in an area served by a
79	79	health authority participating in the pilot program established
80	80	under Section 81.0445. This subsection expires September 1, 2011.
81	81	SECTION 3. (a) Except as provided by Subsection (b) of this
82	82	section, this Act takes effect immediately if it receives a vote of
83	83	two-thirds of all the members elected to each house, as provided by
84	84	Section 39, Article III, Texas Constitution. If this Act does not
85	85	receive the vote necessary for immediate effect, this Act takes
86	86	effect on the 91st day after the last day of the legislative
87	87	session.
88	88	(b) The change in law made by this Act to Section
89	89	81.0445(d), Health and Safety Code, takes effect September 1, 2009.
90	90	______________________________ ______________________________
91	91	President of the Senate Speaker of the House
92	92	I certify that H.B. No. 1362 was passed by the House on May 4,
93	93	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
94	94	voting; and that the House concurred in Senate amendments to H.B.
95	95	No. 1362 on May 23, 2009, by the following vote: Yeas 139, Nays 5,
96	96	1 present, not voting.
97	97	______________________________
98	98	Chief Clerk of the House
99	99	I certify that H.B. No. 1362 was passed by the Senate, with
100	100	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
101	101	0.
102	102	______________________________
103	103	Secretary of the Senate
104	104	APPROVED: __________________
105	105	Date
106	106	__________________
107	107	Governor